Presumed Liability Case Study: Alexander
Gibson

Alexander
Gibson, 67 years old and a cyclist for 15 years, was cycling in the
North West of Scotland in April 2013 when he was suddenly struck
from behind by a minibus. He sustained a fractured pelvis as well
as damage to his elbow and shoulder.

The
police attended the scene of the accident, and according to the
statements taken from the driver and two passengers, the cyclist
had apparently swerved into the minivan’s path.

Due to
this, no criminal charges were brought, despite Mr Gibson
disagreeing with the driver’s version of events.

The
Highway Code states that you should “give motorcyclists, cyclists
and horse riders at least as much room as you would when overtaking
a car”. The damage to Mr Gibson’s bike and the fact that he was
found on his own side of the carriageway, suggests that the driver
in this case did not give Mr Gibson enough room when attempting to
overtake.

Mr Gibson
asked for help from Cycle Law Scotland in
April 2013. The insurance company didn’t even respond to
letters from CLS and therefore the action was prepared and raised
in Court in December 2013.

Throughout the Court
proceedings, liability was denied. The case was set down for
a full court hearing on 27thOctober 2014. Two
medical experts were involved in the case as originally the
fracture to the pelvis was undiagnosed.

CLS had
to instruct an individual to visit the accident scene because the
police co-ordinates given in the police report were such that the
accident had to have occurred in the middle of the Little Minch.

It took
until August 2014, a period of nearly 18 months, for the defenders
to admit liability. Under Presumed Liability, this 18 month long
process would have been avoided. The stress and worry suffered by
Mr Gibson was entirely unnecessary, as was the cost incurred by the
refusal to admit liability by the insurers. Presumed Liability
would have been beneficial for all parties concerned.